Taking broker to small claims court

Mrs_pbradley936

Hi All,


Some of you responded helpfully to my problem a week or two ago. It was about a liability claim and the insurers saying it was contents/buildings.


Anyway, I have spoken to a solicitor specialising in insurance law and he is sorting it all out. My question is about his fee. If the broker or insurance company suddenly say that there is indemnity after all (after saying there was not) would I be with my rights to take the broker/insurance company to the small claims court for recovery of a few hundred pounds?


I have discussed the fees with the solicitor (not my idea) and he says that if it becomes protracted and costly then he advises me to go via the FOS but with his pointers.


I feel so incensed that they shoo individuals away but suddenly sit up and take notice if they get a solicitor on the case.

David_InsDef

Surely the solicitor would (should) have guided you on this?

Mrs_pbradley936

David_InsDef wrote: »

Surely the solicitor would (should) have guided you on this?

No, I have only just thought of it. I did not ask him when I was talking to him.

Quentin

Your solicitor's advice is sound.


There are no costs from the FOS for dealing with this.


If they come down in your favour then no problem, and if they reject you then you can still go to court, but have to face the possibility of losing and having to pay the court costs.

David_InsDef

Ah ok. Instinctively it feels like that would be avenue open to you. Have they confirmed in writing that they don't believe there is liability under the policy? Without it, any small claims procedure may come down to them saying you've misinterpreted what they said.

If they sit up and take note when you have a solicitor on the case, it may make sense for him to press (on your behalf) for recovery of your expenses.

Mrs_pbradley936

David_InsDef wrote: »

Ah ok. Instinctively it feels like that would be avenue open to you. Have they confirmed in writing that they don't believe there is liability under the policy? Without it, any small claims procedure may come down to them saying you've misinterpreted what they said.

If they sit up and take note when you have a solicitor on the case, it may make sense for him to press (on your behalf) for recovery of your expenses.

Yes they have said in writing that there is no indemnity. I will mention recovery of his fee when I next speak/email him. I wanted to find out if I was being reasonable or cheeky.

David_InsDef

Mrs_pbradley936 wrote: »

Yes they have said in writing that there is no indemnity. I will mention recovery of his fee when I next speak/email him. I wanted to find out if I was being reasonable or cheeky.

Definitely not being cheeky if they're forcing you to make this outlay and then they change their minds

Let us know how you get on.

David

InsideInsurance

David_InsDef wrote: »

Ah ok. Instinctively it feels like that would be avenue open to you. Have they confirmed in writing that they don't believe there is liability under the policy? Without it, any small claims procedure may come down to them saying you've misinterpreted what they said.

If they sit up and take note when you have a solicitor on the case, it may make sense for him to press (on your behalf) for recovery of your expenses.

But remember that we are talking small claims here, presumably its under 10k, in which case solicitors fees are excluded as it is intended that small claims can be handled without the need for solicitors.

So if the OP won the case their insurers/ broker still wouldnt be liable for the sols fees.

FOS is cost free and there is a chance that the FOS MAY say a token solicitor fee was reasonable and should be reimbursed

It may be helpful if they actually said what the underlying problem is.

Quentin

Mrs_pbradley936 wrote: »

Yes they have said in writing that there is no indemnity. I will mention recovery of his fee when I next speak/email him. I wanted to find out if I was being reasonable or cheeky.

You will need to ask the FOS about this if it gets that far.

OnanTheBarbarian

On a contractual dispute such as this, within the ambit of the small claims court, I can't see how legal costs could be recovered, other than the poxy fixed costs the solicitor would be entitled to, which would amount to about £80 plus reimbursement of the court fee to commence the action.

If the amount is over £10k then recovery of costs is permitted.

I am a personal injury claims monkey though, so would double check my comments with your solicitor.

kingstreet

Can someone link the posts the OP is alluding to here;-

Some of you responded helpfully to my problem a week or two ago.

as my search is proving fruitless.